COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 28, 2004 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning, everyone. May I have your attention, please. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Kevin C. Lawrence of St. Timothy Parish. He is here today as the guest of Councilwoman Krajewski. I would ask all members and guests to please rise.
Thank you, Council President, Members of City Council and guests for your kind invitation to pray with you today. Let us pray for the Lord's richest blessings on the members of this Council and the members of our City, all who are devoted as civic servants to helping brothers and sisters throughout the community. In the wisdom literature of the ancient scriptures we read, "Taste and see the goodness of the Lord. I will bless the lord at all times. His praise shall ever be in my Lord, you, his holy ones, for nothing is lacking to those who fear him. The great grow poor and hungry, but those who seek the Lord want for nothing." And it is with this wisdom in mind that we offer our prayer today. Blessed are you, Lord, God, all creation whose goodness fills our hearts with joy. Blessed are you who have brought this Council together on this day to work in harmony for the good of our City of brotherly love. Strengthen them with your grace and wisdom. May everything they do begin with your inspiration continue with your help so that all their works may begin in you and by you be happily ended. Glory and praise to you for ever and ever. And let this body say amen. Amen.
The Chair thanks Reverend Lawrence for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next business is the approval of the Journal of the meeting Thursday, October 21, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 21, 2004, stand approved.
It has been moved and properly seconded that the Journal of the meeting of October 21, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and the Journal meeting of Thursday, October 21, 2004 is approved. The Chair recognizes Councilwoman Blackwell for a motion for any requests for leave of absence.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us this morning. On behalf of all Members of City Council, I welcome you to our Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our you to come again. At this time, the Chair recognizes Councilwoman Tasco who will present a resolution honoring the Lyons Club for their recognition of October as White Cane Month. I would ask Ms. Patricia Fox and Mr. George Crane and those accompanying them to please join the Councilwoman at the podium. I see some of my sister Lyons and Lyonesses are here to accept this presentation. And I just want to publicly acknowledge all the wonderful, wonderful work they do. I truly respect what they have done. Thank you. We welcome you. (Applause.)
Thank you, Madam President. On your behalf, I am honored to present this resolution declaring White Cane Month. The Council of the City of Philadelphia is pleased and proud to join the Lyons Club in declaring the month of October, 2004, as White Cane Month in the City of Whereas, the white cane has been adopted as a signaling device to alert drivers and pedestrians to exercise care, thereby avoiding harm to blind pedestrians; and Whereas, a dangerously high percentage of drivers and pedestrians are unfamiliar with the significance of the white cane upon which many blind citizens must rely for their safety; and Whereas, the City Council of Philadelphia calls upon all drivers and pedestrians alike to become alert to the presence of the white cane and react with caution, care, and sensitivity; and therefore Resolved by the Council of the City of Philadelphia that we hereby join the Lyons Club in declaring October 2004 as White Cane Month in the City of Philadelphia. Further resolved that an engrossed copy of this resolution be presented to the Lyons Club as evidence of the sincere sentiments of this legislative body. Certification that this is a true the original resolution adopted by the Council of the City of Philadelphia on the 21st of October, 2004. Signed by President Verna, President of City Council, and supported by all Members of City Council. (Applause.)
The Chair recognizes Ms. Fox and Mr. Crane for remarks.
I'm the Governor of the Lyons Club and we have a lot of clubs with white cane every year. And anything we raise in the community stays in the community to help everybody. And that's what white cane is all about.
It's such a pleasure to be here with this darling lady that you have for your President of City Council. She's also a Lyon -- or Lyoness. We've been doing this every year for the past 22 years. Last year we loss our Chairman Joe Lapardo (ph). He passed away. year, we're trying to do it a little late because we usually do this the early part of October. But God bless you all. It's a pleasure being here. Remember white cane. Remember the blind. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
At this time, the Chair recognizes Councilwoman Miller who will present a resolution honoring the Linda Creed Breast Cancer Foundation for their recognition of October as Breast Cancer Awareness Month. Would Ms. Donna Duncan and those accompanying her please join the Councilwoman at the podium. The Councilwoman will be joined by Councilman Mariano, Councilwoman Brown, Councilwoman Blackwell, Councilman Rizzo, Councilman DiCicco, Councilman Ramos.
Good morning. It is our pleasure to introduce and present Linda Creed Foundation who is also an alumnus of Germantown High School. I believe she graduated with my sister, and her sister and I graduated together. So it's really good to be able to present a resolution to a group you know. Joining the nation in recognizing October 2004 as National Breast Cancer Awareness Month and supporting the numerous activities recognizing this effort around the country.
Whereas, 2004 marks 20 years of progress for National Breast Cancer Awareness Month, educating women about breast cancer detection, diagnosis and treatment; and whereas
In recognition of this important milestone, on May 17th in New York, the National Breast Cancer Awareness Month Board of Sponsors held a national summit bringing together leaders who have made significant contributions to the fight against this devastating disease; and
Whereas, breast cancer is found the more likely it is that treatment can be curable and that mammograms are the best screening for early detection of breast cancer; and
Whereas, across the nation, the third Friday in October each year is National Mammography Day which was first proclaimed by President Clinton in 1993; and Whereas, on this day or throughout the month of October radiologists provide discounted or free screening mammographies; and
Whereas, women, public officials, and advocates continue the crusade for increased federal research and medical funding for breast cancer, the designation of national breast cancer awareness will bring attention for the need for additional funding for research of a cure;
Now, therefore, be it resolved by the Council of the City of Philadelphia that October 2004 is recognized Awareness Month. Resolved further that an engrossed copy of this resolution is presented to a representative of the Linda Creed Breast Cancer Foundation as evidence of the sincere appreciation and support of this legislative body.
This is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 21st day of October 2004. Signed by Anna C. Verna, President of City Council; introduced by Donna Reed Miller, Blondell Reynolds Brown, Frank DiCicco, Jannie L. Blackwell, Frank Rizzo, Juan Ramos, and Richard T. Mariano, and cosponsored by all Members of City Council. Thank you. (Applause.)
Good morning. I'd like to thank all of you for recognizing the work that we do with over 4,000 local women here in Philadelphia, providing outreach education, free mammography screening, and advocacy services. I'd also like to quote Linda Creed in saying, learning to love yourself is the greatest of all. Love yourself with good breast health. Thank you. (Applause.)
The Chair now recognizing Councilwoman Krajewski who will present a resolution honoring the 75th anniversary of St. Timothy Parish. Will Reverend Kevin C. Lawrence please join the Councilwoman at the podium. And I see that the Councilwoman is being joined by Councilwoman Brown, Councilman DiCicco. Councilman Kelly, you are being asked to join the Councilwoman.
Thank you, Madam President. 75th anniversary of St. Timothy Parish. Whereas, St. Timothy Parish was established on October 16, 1928, by His Eminence, Dennis Cardinal Dougherty, the eighth bishop of Philadelphia;
And, whereas, the first Mass was celebrated in a storefront at Barnett and Sackett Streets less than a month later on November 18, 1928; and Whereas, a site on Levick Street, bounded by Hawthorne and Battersby Streets was selected for the parish complex and a combined church and school was solemnly blessed on September 14, 1930;
And, whereas, the appointment of a founding pastor was of the utmost importance to Cardinal Dougherty, since the pastor chosen would mold the parish and set its tone and whose influence would remain in the minds and hearts of the congregation; and Whereas, the Reverend Thomas Francis Brady was appointed as pastor and served as St. Timothy Parish for 28 years until his death in 1956; and
Whereas, during the first 22 years of St. Timothy's existence a convent for the Sisters of St. Joseph was dedicated, the rectory was open and both the lower and upper churches were consecrated; and Whereas, St. Timothy Parish has been extremely blessed in having been served by a series of dedicated and gifted pastors, including Monsignor Joseph M. Corr, Monsignor Vincent L. Burns, Monsignor Joseph J. McGlinn, Monsignor Walter J. Corrigan, Monsignor Michael J. Carroll, Reverend Anthony W. Dieckhause, and Reverend Kevin C. Lawrence; now, therefore
Resolved by the Council of the City of Philadelphia that we hereby honor and commend St. Timothy Parish on its 75th anniversary with the hope of renewed commitment to the future.
Resolved further that an engrossed copy of this resolution be presented to St. Timothy Parish, admiration of this legislative body. Signed by all Members of City Council. (Applause.)
The Chair recognizes Reverend Lawrence for remarks.
Thank you, members of City Council. And my special thanks to Councilwoman Joan Krajewski who we believe is the best Councilwoman in the City of Philadelphia. And we know this because she represents the best district in the City of Philadelphia. As you heard from the resolution, St. Timothy's had a very humble beginning, starting at a storefront church at Sackett and Barnett near Frankford Avenue in the Mayfair Section of Northeast Philadelphia. Today, we boast a Catholic community of more than 4,000 families, more than 10,000 individuals, and it is representing all of these individuals that I express my deep and sincere gratitude to all the Members of City Council, especially Councilwoman Joan Krajewski. And certainly, I bring with myself as well the encouragement of all these families and individuals for the work that you must all be about each and every day. Thank you very much. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am pleased to advised you that on October 27, 2004, I signed all of the bills that were passed by Council at its Session on October 14, 2004, except Bill NO. 040640-A. And I am transmitting for the body a draft of a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Grays Ferry Urban Renewal Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Avenue Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area. And a resolution approving the action of the Board of the Philadelphia Industrial Development Corporation to sell parcel E20 located at 70th Street and Norwoods Drive in the Eastwick Urban Renewal Area. And a resolution approving the of Philadelphia Industrial Development Corporation to sell parcel F14 located the at 7777 Essington Avenue in the Eastwick Urban Renewal Area. And an ordinance amending Section 10-1001 of the Philadelphia Code relating to fees of Commissioner of Records to increase the fees for recording certain documents, under certain terms and conditions. And an ordinance, Bill No. 1796, dated April 22, 1975, and amended March 16, 1976, which establishes the Prison's Industrial Revolving Fund. This decades ordinance has been obsolete and does not the permit industry's fund to operate in the cost-effective and competitive manner.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. At this time we will consider a special order of business, a resolution recalling Bill No. 040640-A. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer one resolution. Because this resolution was not circulated yesterday, I move that Rules of Council be suspended to permit consideration at this time. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended to permit consideration of Councilman Goode's resolution at this time. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the Clerk will please read the title of the resolution. I believe a copy of the resolution has been circulated to all Members.
A resolution requesting the Mayor to return to Council Bill No. 040640-A.
A resolution requesting the Mayor to return to Council Bill No. 040640-A, entitled an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled, "Business Privilege Taxes," by establishing a program under which a job creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
Thank you. The Chair again recognizes Councilman Goode.
It has been moved and seconded. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution has passed. The Chief Clerk will please read the letter from the Mayor. THE
To the President and Members of the Council of the City of Philadelphia, I am returning herewith as requested by your resolution adopted October 28, 2004, Bill No. 040640-A, entitled an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by establishing a program under which a job creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions, for the purpose of reconsideration by the Council of the vote by which said bill passed Council.
The Chair recognizes Councilman Goode for a motion that Council reconsider the vote by which Bill No. 040640-A was passed.
All in favor, please indicate by saying aye. (Aye.)
The ayes have it. A majority of all Members having voted in the affirmative, the motion carries. And the vote by which Bill No. 040640-A was passed has been reconsidered. The Chair again recognizes Councilman Goode.
Thank you, Madam President. I would like to offer an amendment to Bill No. 040640-A at this time and would also like to speak on the amendment. The amendment has been circulated to all Members of Council.
I'm sorry, did you say that you were moving for the adoption?
Thank you, Madam President. Today, we have recalled Bill No. 040640-A, unanimously passed by Council October 14th. The purpose of offering an amendment that streamlines the job creation tax credit administration. The amendment consolidates both job creation tax credits under the existing program and offers a choice of a 2 percent job wage credit or the flat 1,000 per new job credit, whichever is greater. So rather than a choice of credits between two separate programs, there's a choice of credits under the existing program, as amended. It also allows provisions of the existing program to be applied to the 2 percent credit. For example, the requirement to maintain operations in the City of Philadelphia for five years as well as other administrative and fiscal controls already contained within the existing program. To explain it, in a shorter version, rather create a new section, Subsection 2611, we are actually just going to amend 2604 to accomplish the purpose of creating a new 2 percent credit. So I move for the adoption of the amendment. (Duly seconded.)
It has been moved and properly seconded that the amendment to Bill No. 040640-A be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the Bill No. 040640-A has been a amended. The bill will be placed on the second reading and final passage Calendar for our next Session of Council. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I have three bills and six resolutions. Of those, one bill I introduce on behalf of the Administration, and one bill and four resolutions are on your behalf.
Thank you. The Chief Clerk will please read the first bill. THE
An ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, owner of the property 2601 South Carroll Street, his successors and assigns to construct and maintain a garage extension, under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 10-1001 of the Philadelphia Code relating to fees of Commissioner of Records to increase the fees for recording certain documents, under certain terms and conditions.
This bill will be referred to the appropriate committee. THE
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 7-400 of the Philadelphia Home Rule Charter set forth in a Council resolution relating to the preparation of civil service regulations requiring that any fees to be imposed for the purpose of processing applications for positions within the City be first approved by City Council, fixing the date for special election for such purpose prescribing the form of a ballot question to be voted on and authorizing the appropriate officers to publish notice and to make arrangements for this special election.
The bill will be referred to the appropriate committee. THE
And a resolution proposing an amendment to Section 7-400 of the Philadelphia Home Rule Charter relating to the preparation of civil service regulations by adding a requirement that any fees to be imposed for the purpose of processing applications for positions within the City be approved by City Council.
The Chair recognizes Councilwoman Blackwell -- oh, I'm sorry. There's no need for a motion. This resolution will be referred to the appropriate Committee. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th and 27th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of the Grays Ferry Urban Renewal Area.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution approving the redevelopment contract and disposition supplement for the Redevelopment Authority for the redevelopment and urban renewal of a portion Point Breeze East Urban Renewal Area.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution approving the actions of the boards of to Philadelphia Industrial Development Corporation to sell Parcel E20 located at 70th Street Norwood Drive in the Eastwick Urban Renewal Area.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution approving the actions of the Board of Philadelphia Industrial Development Corporation to sell parcel F14 located at 7777 Eastwick Avenue in the Eastwick Urban Renewal Area.
The Chair again recognizes Councilwoman Blackwell.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you. The Chief Clerk will please read the title of the first resolution. THE
A resolution honoring the Eisenhower Fellowship for 50 years of achievement in developing international, national, and local leaders.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 11th, 12th, Juan 13th Wards of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution recognizing and honoring Rodney Moore, former professional welter weight boxing champion on the occasion of his induction into the prestigious New Jersey Boxing Hall of Fame.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer one bill and two resolutions.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware Avenue, Penn Street, Ellen Street, the Delaware River and Spring Garden Street.
The bill will be referred to the appropriate committee. THE
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the New Kensington/Fishtown Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the bill. THE
An ordinance granting permission to Sunesys, its successors and assigns to maintain, and operate, replace and remove a telecommunications system along, in and under the public rights-of-way of the City of Philadelphia and Fairmount Park.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the bill. THE
An ordinance authorizing the installation of all-way stop signs at the intersection of Franklintown Boulevard and Wood Streets.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the installation of all-way stop signs at the intersection of 17th and North Street.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Kelly.
Madam President, I offer one resolution, which I would like to speak on.
Thank you. The Chief Clerk will please read the title of the resolution. THE
A resolution authorizing the Committee on Public Health and Human Services to hold public hearings to examine and investigate the practices and operations of the City-funded Philadelphia Animal Care and Control Association and to investigate alleged events wherein family pets have been euthanized despite attempts of said owners to reclaim their lost pets.
Thank you. The Chair recognizes Councilman Kelly.
I move for the adoption of the resolution. (Duly seconded.)
Yes, Madam President, if I may. I know there are probably some people in this Council and there's probably some people in this Chambers who probably don't think this is an important issue. But I have been privileged to have a pet for almost all my life. And I think I certainly think it's important as well as many thousands upon thousands of Philadelphians who have pets and also the people who even enjoy pets or seeing them. I just want to say that this is something that we have overlooked, and it's about time we take a serious look at it. After all, the responsibility of this Council provide the best protection and safety for all of its citizens. And we do that. And I think there isn't a day goes by that we don't think about a way of making safety a No. 1 issue on this Council agenda. But one of the things we forget about is the animals. And I think that -- and the reason why that I bring this up is a story that I read about two weeks ago in one of our local papers. And in it, it told of a story, and the story was about a woman who found an animal, a lost dog. The dog was about two years old. And what she did, the good Samaritan that she was, she took it to an animal shelter, which I think all of us would have done. And I think that normally an animal shelter, we would think that they would keep the dog until the owners could probably get in touch with them and then they would come down and describe the dog and then probably pay a fee and be reunited with the dog. Well, unfortunately, that doesn't happen in Philadelphia. Because in that instance, that woman who took in that dog is probably devastated to know that that dog was put to almost an instant death. And this is something I think was shocking. I think it devastated the family, the family who owned that dog. And a 7-year-old girl lost her best friend. That's something that I don't think she's going get over with too soon, and I think I would do everything possible to make sure something like this doesn't happen again. I'm sure all of you have seen today's Daily News cover story, detailing alleged horrors occurring in the Philadelphia Animal Care and Control Association. Two years ago PACCA was entrusted to provide care and control of our animal population. For this service, they received over $2 million. If these alleged instances of animal cruelty and neglect are in fact true, then this organization is not only morally defunct, they are fleecing the City financially. As with any contract we enter into, the business or organization is paid to provide a scope of services to us. It seems that PACCA is not living up to their end of the bargain. City Council needs to take a serious look at what is actually going on here. We have a moral obligation to these helpless animals and a financial obligation, especially given our budgetary constraints to ensure that every dollar we spend, we spend responsibly. Thank you, Madam President, for this opportunity.
Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. (The Resolution is referred to the Committee on Public Health.) The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. business is reports from Committees. And the Chair recognizes Councilman Clarke for a report from the Committee on Rules.
Thank you, Madam President. Madam President, the Committee on Rules reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 040467, entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rittenhouse Street, Pulaski Avenue, Chelten Avenue and Morris Street; And Bill No. 040873, entitled an ordinance authorizing the extension of the City District pursuant to the provision of the Municipality Authorities Act until 2025, all under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040467 and Bill No. 040873. (Duly seconded.)
It has been moved a properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040873 and 040467. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The next order of business will be the consideration of the Calendar. And the Chief Clerk will please read the bills on the First Reading Calendar. THE
Bill 040467, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within the area bounded by Rittenhouse Street, Pulaski Avenue, Chelten Avenue and Morris Street.
And Bill No. 040873, an ordinance authorizing the extension of the term of the Center City District pursuant to the provisions of the Municipality Authorities Act until 2025, all under certain terms and conditions.
The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose calling bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today, Bill Nos. 040785, 040786, 040765, 040779, 040184 and 040613 are being called up for Second Reading and Final Passage. All other bills are being held.
The Chief Clerk will please read the title of Bill No. 040785. THE
An ordinance amending Bill No. 040602, approved July 1, 2004, relating to the Fiscal 2005 Capital certain appropriations made in that ordinance for improvements to existing recreation facilities.
This bill two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Thank you, Madam President. I rise in opposition to this bill and the next one that follows it. I would prefer to request that it be delayed. But at the hearing on the bills, my arguments were given short shrift so I have no other alternative except to oppose it and to state clearly why. I believe these two bills 75 and the next one which relates also to the Capital Budget represent more or less a political slush fund rather than the bills for the improvement of recreation or other City facilities. For many years, I've been fact of the undeviating unanimity of District Councilmembers. For a long time I thought it occurred because they might have had similar interests and, therefore, I thought they had all become developers rather District Councilmembers since District Councilmembers generally seem to spend most of their time in developing economic projects. But it seems to me that something else also has been going on. At some point, a perfectly proper and sensible item in the budget which provide for City Council to have extra money available to complete projects was turned into something entirely different. Unbeknownst to Council at-Large Members, some arrangement was worked out between a Mayor -- I'm not certain whom as of yet because my investigation is not fully complete, but it looks as if it occurred possibly during the Administration of Mayor Rendell. An agreement was worked out between the District Councilmembers or a representative of them -- and I don't have the details yet -- and the Mayor to change Council of 17 members to a body of 10 effective members with the 10 members being District Councilmembers and the City Council at-Large Members turned into the kind of members that Councilman Mariano likes to talk about from time to time. He wonders what the Councilmembers at-Large do with their time. He wonders what they do because they're not engaged in these important economic development projects. And maybe he had a reason for that; I don't know. But apparently, what happens is that at some point a number of years ago this perfectly appropriate item in the budget was changed into a slush fund so that each District Councilmembers had available to him or to her a sum of an approximately $1,200,000 each year to distribute without any knowledge of any other Council body, no approval needed other than a letter, apparently, from a department saying, we need this additional funds to finish a project. The Councilmember was authorized to approve that letter, and the money was furnished. Whether it was furnished or for some other reasons is yet unclear. It looks as if sometimes it was and perhaps sometimes it wasn't. But investigation is ongoing now, and I don't know what it's going to show fully yet except I think it's a bad principal in general. Even if it showed no flaws -- but I think it will show many serious flaws. But even if it showed no flaws, it would be a bad thing to reduce Council from 17 members to an effective membership of 10. As I read the Home Rule Charter and as the founders of the Home Rule Charter discussed it, the 17 members were each to be treated equally. As a matter of fact, Richard Dilworth argued that the number of 10 ought to be the Councilmembers at-Large and 7 ought to be the District Councilmembers because he argued that one way or the other greed would overcome the District Councilmember who was interested in one-tenth of the City as against the Council at-Large Member whose voting area covers the entire City and who, therefore, is more apt to think about the concerns of the Dilworth wanted it, but this is one of the fights he lost and a number of District Councilmembers was increased to enable them under certain circumstances to control all of Council without respect to Councilmembers at-Large.
Therefore, a District Councilmember became a Councilmember equipped with much more authority than anybody else. And maybe it was in City Council for the first time we had what is happening much more frequently, different individually elected officials taking on the roles of government. For example, in the Northeast, I understand Representative Speaker Perzel has government funds to clean streets. And in South Philadelphia I think the other party through Senator Fumo has been reported as having funds are available to him to clean the streets. And of course, the people love it in the areas because they get special government services without having to fight their way through all the red tape that other government units need to. Now, I think if this 7 million were for recreation and public facilities, I would be all for it. Actually, if you add the two numbers -- the current figures in the budget are 4 million; 7 million makes it $1,100,000. I learned there's another $100,000 made available in the same way to District Councilmembers through another department, the Managing Director's Department. Now, this is quiet government. It's secret government. It's unhealthy government. And I think the best way you maintain cleanliness in government and win the confidence of the people is put everything out in the open. Therefore, I have no feeling at all that this money is going to be used wisely. It is not subject to anybody's decision except the District Councilmember. As far as I can tell so far, there's not even any auditing of how the money spent, so that it is not necessarily spent nor does anyone check to see that it is spent for the stated purpose. Therefore, I am in opposition of this grant some clause added that would guarantee that the money has to go through the usual Council processes and be available through a vote of all the Councilmembers. And one last thing, let me say. I don't have all the answers yet as to the existence of this secret slush fund, but I do know this, it seems to me that if everything were above the board, there would be no reason for special treatment of it, no reason to have kept it secret for these years. For me as a 35-year veteran since the first day I was elected to City Council to learn about this officially just last week when during the hearing on this bill that people referred to an item by its initials, ITS or ITEF, I don't know what they were. And I listened carefully and thought my hearing aids were betraying me. Finally I asked what are these initials all about, what do they refer to? And for the first time did I ever hear mention of this item. Therefore, I'm urging that we either reconsider this bill, and I would so move that reconsidered and held until the results of the investigation are done. Or if not, I will be compelled to speak against it and continue the investigation.
Councilman Cohen, who's performing the investigation?
Before I do anything beyond that, I want to know what the facts are.
Very well. Thank you, sir. Again I will repeat that Bill No. 040785 has been read on two different days. The question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE
Aye. The ayes are 16, the nays are 1. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 0407886. THE
An ordinance amending Bill No. 040603, approved July 1, 2004, relating to the Fiscal 2005 through Fiscal 2010 Capital Program by enacting certain appropriations for improvements to
This bill having been read on two different days, the question now is shall the bill pass finally. The Chair recognizes Councilman Cohen again.
I would ask that my remarks made in connection with the previous bill be reprinted as if they were also being made in connection with this bill. They both deal with the same item.
Thank you, Madam President. I rise in opposition to this bill and the next one that follows it. I would prefer to request that it be delayed. But at the hearing on the bills, my arguments were given short shrift so I have no other alternative except to oppose it and to state clearly why. I believe these two bills 75 and the next one which relates also to the Capital or less a political slush fund rather than the bills for the improvement of recreation or other City facilities. For many years, I've been startled by the fact of the undeviating unanimity of District Councilmembers. For a long time I thought it occurred because they might have had similar interests and, therefore, I thought they had all become developers rather District Councilmembers since District Councilmembers generally seem to spend most of their time in developing economic projects. But it seems to me that something else also has been going on. At some point, a perfectly proper and sensible item in the budget which provide for City Council to have extra money available to complete projects was turned into something entirely different. Unbeknownst to Council at-Large Members, some arrangement was worked out between a Mayor -- I'm not certain whom as of yet because my investigation is not fully complete, but it looks as if it occurred possibly during the Administration of Mayor was worked out between the District Councilmembers or a representative of them -- and I don't have the details yet -- and the Mayor to change Council from a body of 17 members to a body of 10 effective members with the 10 members being District Councilmembers and the City Council at-Large Members turned into the kind of members that Councilman Mariano likes to talk about from time to time. He wonders what the Councilmembers at-Large do with their time. He wonders what they do because they're not engaged in these important economic development projects. And maybe he had a reason for that; I don't know. But apparently, what happens is that at some point a number of years ago this perfectly appropriate item in the budget was changed into a slush fund so that each District Councilmembers had available to him or to her a sum of an approximately $1,200,000 each year to distribute without any knowledge of any other Council body, no approval needed other than a letter, apparently, from a saying, we need this additional funds to finish a project. The Councilmember was authorized to approve that letter, and the money was furnished. Whether it was furnished for that project or for some other reasons is yet unclear. It looks as if sometimes it was and perhaps sometimes it wasn't. But investigation is ongoing now, and I don't know what it's going to show fully yet except I think it's a bad principal in general. Even if it showed no flaws -- but I think it will show many serious flaws. But even if it showed no flaws, it would be a bad thing to reduce Council from 17 members to an effective membership of 10. As I read the Home Rule Charter and as the founders of the Home Rule Charter discussed it, the 17 members were each to be treated equally. As a matter of fact, Richard Dilworth argued that the number of 10 ought to be the Councilmembers at-Large and 7 ought to be the District Councilmembers because he argued that one way or the other greed would overcome the District Councilmember who was of the City as against the Council at-Large Member whose voting area covers the entire City and who, therefore, is more apt to think about the concerns of the whole City. So Dilworth wanted it, but this is one of the fights he lost and a number of District Councilmembers was increased to enable them under certain circumstances to control all of Council without respect to Councilmembers at-Large.
Therefore, a District Councilmember became a Councilmember equipped with much more authority than anybody else. And maybe it was in City Council for the first time we had what is happening much more frequently, different individually elected officials taking on the roles of government. For example, in the Northeast, I understand Representative Speaker Perzel has government funds to clean streets. And in South Philadelphia I think the other party through Senator Fumo has been reported as having funds are available to him to clean the streets. And of course, the people love it in they get special government services without having to fight their way through all the red tape that other government units need to. Now, I think if this 7 million were for recreation and public facilities, I would be all for it. Actually, if you add the two numbers -- the current figures in the budget are 4 million; 7 million makes it $1,100,000. I learned there's another $100,000 made available in the same way to District Councilmembers through another department, the Managing Director's Department. Now, this is quiet government. It's secret government. It's unhealthy government. And I think the best way you maintain cleanliness in government and win the confidence of the people is put everything out in the open. Therefore, I have no feeling at all that this money is going to be used wisely. It is not subject to anybody's decision except the District Councilmember. As far as I can tell so far, there's not even any auditing of spent, so that it is not necessarily spent nor does anyone check to see that it is spent for the stated purpose. Therefore, I am in opposition of this grant unless there is some clause added that would guarantee that the money has to go through the usual Council processes and be available through a vote of all the Councilmembers. And one last thing, let me say. I don't have all the answers yet as to the existence of this secret slush fund, but I do know this, it seems to me that if everything were above the board, there would be no reason for special treatment of it, no reason to have kept it secret for these years. For me as a 35-year veteran since the first day I was elected to City Council to learn about this officially just last week when during the hearing on this bill that people referred to an item by its initials, ITS or ITEF, I don't know what they were. And I listened carefully and thought my hearing aids were betraying me. Finally I asked what are these initials all about, what do they refer to? And for the I ever hear mention of this item. Therefore, I'm urging that we either reconsider this bill, and I would so move that this bill be reconsidered and held until the results of the investigation are done. Or if not, I will be compelled to speak against it and continue the investigation.
Aye. The ayes are 16, the nays are 1. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040765. THE
An ordinance approving the Fiscal Year 2005 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works in acknowledge and receipt of the forecast of capital budgets for Fiscal Years 2006 through 2010.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040779. THE
An ordinance authorizing transfers in appropriation for 2005 within the General Fund from certain or all City offices, Departments, boards and commission to the Fire Department.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040184. THE
An ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by adding a new Section 17-1200 entitled foreign outsourcing prohibiting City service contracts under which the work is performed outside of the United States, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 040613. THE
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire an easement in the vicinity of Poquessing Park and place the easement under the Fairmount Park Commission.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there any speeches on the part of the Minority? The Chair recognizes Councilman Kelly.
Madam President, I just wanted to say that the resolution that I offered today should have been referred to Committee, to the Committee on Public Health.
The stenographer will so note that and we will refer to the appropriate Committee. Thank you.
Are there any other speeches on the art part of the Minority? (No response.)
Are there of the Majority? The Chair recognizes Councilman Mariano.
Thank you, Madam President. Not really a speech. I just had a group in here. I think they took over when they heard about the secret slush fund. It's the members of the Jewish Employment and Vocational Service Center for New Americans. They were in here. I just wanted the record to note they were here visiting.
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I just want to thank all of you, my colleagues here, for giving me unanimous support of my first bill passed here as a Councilperson representing the City of Philadelphia. I am grateful and thank you. (Applause.)
Thank you. Are there any other speeches on the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, November 4, 2004 at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded. All in favor will say aye. (Aye.)
The ayes have it. Council will stand adjourned until Thursday, November 4 at 10:00 a.m. Thank you. (Council adjourned at 11:10 a.m.) I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 28, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR